Green Card process with L1B

[daulsing35]

Hi,

I am looking for guidance on Green Card eligibility based on current L1B, here is my situation:-

Current Visa Type: L1B
Current Visa Status: Expired 2 months back
Current I94: Valid for another 18 months i.e. end of 2013
Total time spend in USA: 26 months (till date)
My company is ready to file my Green Card

Queries:
1. Am I eligible to start Green Card process?
2. What are the formalities required to initiate green card?
3. How much time does it take to get first approval?
4. Can I visit India during this process? if not, when can I visit India earliest?


Thanks in advance. I will appreciate your early guidance on this.

Regards

[shervin143]

1. Am I eligible to start Green Card process?
>>> Yes. GC is for future employment.

2. What are the formalities required to initiate green card?
>>> There is a separate section dedicated for GC in immihelp. Read them. Your company atorney will be able to guild you properly.

3. How much time does it take to get first approval?
>>> What exactly do you mean by first approval?

4. Can I visit India during this process? if not, when can I visit India earliest?
>>> You can visit India or any country in the world. There is no travel restrictions.

[daulsing35]

Hi Shervin.. thanks for your reply.

I believe I couldn't frame my queries properly, sorry about that. Here were my queries:-

1. Is there any pre-requisite that one has to be in USA for specific amount of time, only then GC can be applied?

2. How much time does it take to get Labor Certificate in EB2 or EB3 case?

3. I am out of Visa status but have valid I94. Will my GC processing allow me to travel out of USA and come back without visa?

4. How much times does it take to get GC in EB2 or EB3 case (rough idea), begining to end?

Thanks

[shervin143]

1. Is there any pre-requisite that one has to be in USA for specific amount of time, only then GC can be applied?
>>> No. GC can be filed even if you are outside U.S and if you have never visited U.S. GC is for future employment.

2. How much time does it take to get Labor Certificate in EB2 or EB3 case?
>>> Once filed, it can normally take up to 6 months (if there is no audit). There are cases where it took about 11-12 months to get the PERM approved without an audit. The recent trend is about 6 months.

3. I am out of Visa status but have valid I94. Will my GC processing allow me to travel out of USA and come back without visa?
>>> Not unless you have filed your I-485 and received an EAD. You can travel out and return back without a valid visa only if you have an EAD. It will take years to get there.

4. How much times does it take to get GC in EB2 or EB3 case (rough idea), begining to end?
>>> EB2 - anywhere between 5 - 7 years. EB3 - Anywhere between 10 years and up.

[avikpaul]

Employer change in this scenario after few years ?

I have a similar scenario, L1(B) status which is about to expire, and I can extend L1 to max 2 more years and at the same time filing GC.

My question is, under this circumstances is the employee bound to stay in his current co until approval (which is a super lengthy process for Indians, eg. 8-10 yrs) ? or he can change job after labor cert ?

[nicoeppersma]

I have a similar scenario, L1(B) status which is about to expire, and I can extend L1 to max 2 more years and at the same time filing GC.

My question is, under this circumstances is the employee bound to stay in his current co until approval (which is a super lengthy process for Indians, eg. 8-10 yrs) ? or he can change job after labor cert ?

There are several stages in the greencard process. First there is the labor certification (also known as PERM). Next, the employer files a "petition for a non-immigrant worker" (also known as I-140). The final stage is to file for "adjustment of status" (also known as I-485 and can be done only if you are in the country, otherwise you will go through Consular Processing).

Based in your information, I think that you have the following options.

Your L-1B visa allows you to work for your current employer. One of the requirements for the L-1B visa are that you have worked for the petitioning employer for at least 1 out of the 3 preceding years prior to coming to the U.S. If you have worked for another company before the one you are currently working for (the one that filed your I-129 for your current L-1), you may be able to re-join them after they file for an L-1 petition that gets approved.

The alternative is to convert to an H-1B visa. The chances of getting that done soon are very low, the number of visas available for 2014 has already been reached in the first 5 days of April.

Your third option is using AC21. When your I-485 is pending for more than 180 days, you can use a special provision (known as the AC21 rule) that allows you to change employers without losing your I-140 approval or Priority Date. This means that you will be stuck with your current employer for a significant time (PERM, I-140 and for your Priority Date to become current so you can file I-485).

[ggauravuee]

There are several stages in the greencard process. First there is the labor certification (also known as PERM). Next, the employer files a "petition for a non-immigrant worker" (also known as I-140). The final stage is to file for "adjustment of status" (also known as I-485 and can be done only if you are in the country, otherwise you will go through Consular Processing).

Based in your information, I think that you have the following options.

Your L-1B visa allows you to work for your current employer. One of the requirements for the L-1B visa are that you have worked for the petitioning employer for at least 1 out of the 3 preceding years prior to coming to the U.S. If you have worked for another company before the one you are currently working for (the one that filed your I-129 for your current L-1), you may be able to re-join them after they file for an L-1 petition that gets approved.

The alternative is to convert to an H-1B visa. The chances of getting that done soon are very low, the number of visas available for 2014 has already been reached in the first 5 days of April.

Your third option is using AC21. When your I-485 is pending for more than 180 days, you can use a special provision (known as the AC21 rule) that allows you to change employers without losing your I-140 approval or Priority Date. This means that you will be stuck with your current employer for a significant time (PERM, I-140 and for your Priority Date to become current so you can file I-485).

Hi,

I have a similar question. I have come to USA on L1 B around 6 months back and now I want to apply for Green card for continuity of job in USA even after my L1 B get expired after 5 years (Jan 2020). I come to know that GC takes 6 to 10 years for Indians. Hence, is it advisable to apply for a Green card sooner (in next few months) while I am in L1 B status and after 3-4 years, I switch to H1 B visa i.e. before my L1 B get expired. Is it possible that I can apply for GC in L1 B and the same GC application is valid once I switch to H1B. I am not preferring to apply for H1B right now as my wife can't work on H4 (as I 140 approval takes 2-4 years).

Please guide me on it.

Thanks
Gaurav

[vidhya1331]

hello

ggaurav,

Did you get any response? AM in a similar situation and need your inputs